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Cole v. Turne
Issue.
Under what circumstances and with what mindsets may a touching constitute battery?
Synopsis of Rule of Law.
The lightest angry touch constitutes battery. A gentle touch made in close quarters with no ill intention is not a battery. A forceful or reckless touch, in close quarters is a battery.
即：
“the least touching of another in anger is a battery”
“if two or more meet in a narrow passage, and without any violence or design of harm, the one touches the other gently, it will be no battery”
Key point - the degree of contact is irrelevant: the “least touching” is actionable
But: current rule is that battery does not require anger:
Is an unwanted kiss battery? Yes.
Shooting a person with the best of intentions? Yes.
No anger, no damages, no have to be conscious at the time of the contact
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Collins v Wilcock [1984] 3 All ER 374
FACT:A police woman took hold of a woman's arm to stop her walking off when she was questioning her. The woman scratched the police woman and was charged with assaulting a police officer in the course of her duty.
Me:the defendant refused to answer police woman’s question and walked away when police woman persisted to follow her and took hold of her arm to restrain